Tuesday, June 29, 2021

Delayed census data and redistricting

Jason Mazzone

The delay in the release of the 2020 federal census data has a serious impact on states with constitutional or statutory redistricting deadlines that take for granted the federal government will provide new data on the usual schedule specified by federal law (before April 1 in the year after the census). Vik Amar and I have two recent commentaries on the situation in Illinois, where the state legislature adopted a redistricting plan based on different data and Republican lawmakers have now sued in federal court arguing that (because the state did not use census data) the plan violates the Fourteenth Amendment. We discuss justiciability and merits issues here and weigh in on the remedy the plaintiffs seek--scrapping the legislature's plan and creating a redistricting commission--here.     

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